Property disputes in Scotland

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Property disputes in Scotland

Latest Property Disputes News

Telecommunications Code—redevelopment (Vodafone v Icon & AP Wireless)

Telecommunications Code—redevelopment (Vodafone v Icon & AP Wireless)

The following Property Disputes news provides comprehensive and up to date legal information on Telecommunications Code—redevelopment (Vodafone v Icon & AP Wireless)

The 11th Edition of the King’s Bench Guide has been published

The 11th Edition of the King’s Bench Guide has been published
Determining the true and ancient limits—why boundary agreements always bind successors in title (White v Alder)

Determining the true and ancient limits—why boundary agreements always bind successors in title (White v Alder)

The following Property Disputes news provides comprehensive and up to date legal information on Determining the true and ancient limits—why boundary agreements always bind successors in title (White v Alder)

The impact of the Terrorism (Protection of Premises) Act 2025 on the property industry

The impact of the Terrorism (Protection of Premises) Act 2025 on the property industry

The following Property news provides comprehensive and up to date legal information on The impact of the Terrorism (Protection of Premises) Act 2025 on the property industry

Featured Property Disputes content

Forfeiture of a lease

Forfeiture of a lease

Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...

Specific performance of property agreements

Specific performance of property agreements

Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...

Occupiers’ liability

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
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Produced in partnership with Kate Andrews of Hamlins
28th Mar
Practice notes

Mortgagee in possession

Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
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2nd Mar
Practice notes

Rectification—mutual mistake

Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
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2nd Mar
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
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2nd Mar
Practice notes

Order for sale—next steps after obtaining an order for sale

Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
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1st Mar
Practice notes

Notice to complete

Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
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1st Mar
tag iconCOVID-19
Practice notes

Private nuisance—general principles

Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

Successors in title—leases

Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
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2nd Mar
Practice notes

Surrender by operation of law

Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
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1st Mar
Practice notes

What happens to an underlease on termination of the lease?

What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
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1st Mar
Practice notes

Estoppel and property law

Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
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2nd Mar
Practice notes

Release from landlord's covenants—LT(C)A 1995

Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
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2nd Mar
Q&As

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
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Produced in partnership with Kevin Leigh of No 5 Chambers
2nd Mar
Practice notes

Breach of Missives—remedies in Scotland

Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP
1st Mar
tag iconScottish Law
Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
28th Mar
Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...
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Produced in partnership with Christopher Snell of New Square Chambers
28th Mar

Popular documents

Property disputes in Scotland (delictual and statutory)

Property disputes in Scotland (delictual and statutory)This Practice Note considers property disputes in Scotland arising:•in delict•under the Occupiers’ Liability (Scotland) Act 1960 (OL(S)A 1960)•under consumer rights legislation•in relation to defective premisesand the time limitations for claims

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the general rule set out in Article 4 of Regulation (EU) 1215/2012, Brussels I (recast) when determining the relevance of a defendant’s domicile to